APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION:
1. ACCEPTING FROM THE STATE OF CALIFORNIA HOMELESS,
HOUSING, ASSISTANCE, AND PREVENTION (HHAP) ROUND 4
FUNDS IN THE AMOUNT OF $26,044,615, AND ANY ADDITIONAL
HHAP FUNDS THAT BECOME AVAILABLE FOR THE PROVISION
EMERGENCY HOMELESS INTERVENTIONS; AND
2. AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO
A MEMORANDUM OF UNDERSTANDING WITH ALAMEDA
COUNTY AS A CONDITION OF ACCEPTING THE HHAP FUNDS;
AND
3. WAIVING THE LOCAL/SMALL LOCAL BUSINESS ENTER-
PRISE (L/SLBE) REQUIREMENT FOR FOUR (4) PROVIDERS
IDENTIFIED IN TABLES 1 AND 2 FOR THE PROVISION OF
HYGIENE SERVICES AT HOMELESS ENCAMPMENTS AND THE
66TH AVENUE RV SAFE PARKING PROGRAM; AND
4. AWARDING AND/OR EXTENDING GRANT AGREEMENTS
AND PROFESSIONAL SERVICES AGREEMENTS TO THE
HOMELESS SERVICE PROVIDERS AND FOR THE TERMS
IDENTIFIED IN TABLES 1 AND 2, USING UP TO $18,334,876 OF HHAP FUNDS, UP TO $2,676,658 OF GENERAL PURPOSE FUNDS (GPF), AND UP TO $4,578,346 OF MEASURE Q FUNDING; AND
5. AUTHORIZING THE CITY ADMINISTRATOR TO EXTEND
THE OCCUPANCY AGREEMENT BETWEEN THE CITY AND VIMA
HARRISON 1, LLC FOR THE LAKE MERRITT LODGE LOCATED AT
2332 HARRISON STREET, FOR AN ADDITIONAL TERM THROUGH
JUNE 30, 2024 AT A MAXIMUM ANNUAL RENTAL AMOUNT NOT
TO EXCEED $5,883,125, FOR UP TO 92 ROOMS OF EMERGENCY
NON-CONGREGATE SHELTER
2 WHEREAS, on June 7, 2022, the City Council passed Resolution No. 89247 C.M.S., which, among other things, awarded grant agreements and professional services agreements to homeless service providers for a term through June 30, 2023 using Homeless, Housing, Assistance and Prevention (HHAP) funds, and appropriated Measure Q funds (MQ) funds; and
WHEREAS, on December 20, 2022, the City Council received an informational report which, among other things, detailed the HHAP Round 4 application and funding goals for the provision of emergency homeless interventions; and
WHEREAS, the State of California has since notified the City of their HHAP-4 allocation in the amount of $26,044,615 and the City awaits final contract execution by the State; and
WHEREAS, HHAP funds are integral to the City of Oakland’s homeless intervention system to maintain existing emergency homeless interventions; and
WHEREAS, the City of Oakland Fiscal Year 2023-2024 Biennial Budget includes approximately $5,073,391 million in Measure Q funding for homelessness programs and services; and
WHEREAS, the State of California is requiring the City and County to collaborate on more aggressive goals toward ending homelessness requiring repurposing of funds toward additional exit resources; and
WHEREAS, as a condition of the agreement accepting the HHAP funds, the State of California is requiring the City and Alameda County to enter into a Memorandum of Understanding that will address the jurisdictions’ joint response to homelessness; and
WHEREAS, to continue homeless programming at the current service level including the provision of hygiene services, waivers to the local/small local enterprise business requirement are needed for four operators including TBS Services, Clean Site Services, We Hope, and Urban Alchemy, all of which provide critical health services including shower and porta potty hygiene services; and
WHEREAS, the Human Services Department desires to waive any Local and Small Local Business Enterprise Program (L/SLBE) program requirements in order to contract with Clean Site in an amount up to $300,000 in FY 2023-24, for the provision of portable toilets and wash stations in encampments; and
WHEREAS, the Human Services Department desires to waive any L/SLBE program requirements in order to contract with TBS Site Services, an African American woman owned small business serving San Francisco and Alameda Counties, which is certified by the State of California as a Minority Business Enterprise (MBE), Women Business Enterprise (WBE), and Disadvantaged Business Enterprise (DBE) in an amount up to $300,000 in FY 2023-24, for the provision of portable toilets and wash stations in encampments; and
WHEREAS, the Human Services Department desires to waive any L/SLBE program requirements in order to contract with WeHope in an amount up to $755,000 in FY 2023-24, for the provision of mobile showers and laundry; and
3 WHEREAS, the Human Services Department desires to waive any L/SLBE program requirements in order to contract with Urban Alchemy in an amount up to $564,000 in FY 2023- 24, for the provision of portable toilets and wash stations in encampments; and
WHEREAS, as a condition of accepting the HHAP funds, the State of California is requiring the City and Alameda County to enter into a Memorandum of Understanding committing to address homelessness in a collaborative manner; and
WHEREAS, staff now seeks authorization to enter into agreements for homeless services with service providers from July 1, 2023 through June 30, 2024 using HHAP and local funds including Measure Q funds as stated in Tables 1 and 2 below; and
WHEREAS, in order to increase the service quality and safety of the City’s shelter interventions, staff also seeks authorization to increase the amounts of certain contracts as specified in Table 1a up to $250,000 per contract, should additional funding from private sources, additional HHAP funds, competitive grants, or other sources, subject to Council appropriation if applicable and funding requirements; and
WHEREAS, the State of California, Interagency Council on Homelessness (Cal ICH) is strongly encouraging the use of HHAP and other funds for capacity building and professional development for service providers, including removing barriers to contracting with culturally specific service providers and building capacity of providers to administer culturally specific services; and
WHERAS, Urban Alchemy was granted an agreement for operation of a RV Safe Parking site located on 66th Avenue in an amount of $1,209,375 for a term of eight months, and staff now seek authorization to waive the L/SLBE requirements and to amend the agreement with Urban Alchemy extending the term through June 30, 2024 and increasing the grant total to $3,376,375; and
WHEREAS, Jewel’d Legacy was granted an agreement in the amount of $250,000 to provide professional development to homeless services providers supporting these small agencies operated by leaders who identify as Black, Latin and/or have lived experience in Oakland, and staff now seek authorization to amend the agreement with Jewel’d Legacy increasing the agreement by $250,000 for a term ending June 30, 2025; and
WHEREAS, the 92-room Lake Merritt Lodge provides dignified shelter for the vulnerable homeless population in Oakland and the City Council has identified Lake Merritt Lodge as a priority to continue funding; and
WHEREAS, the occupancy agreement between the City and Vima Harrison 1, LLC and the service contract with Housing Consortium of the East Bay for the Lake Merritt Lodge both expire in June 2023 and there is $8,559,783 appropriated in project 1000017 for continued homeless services at Lake Merritt Lodge; and
4 WHEREAS, staff now seek to extend both the occupancy agreement for the Lake Merritt Lodge on the same terms as the existing agreement (daily room rate of $132 per room for one occupant plus $50 for each additional occupant) for a maximum annual rental amount up to $5,883,125, and also the program service contract with Housing Consortium of the East Bay in an up to amount of $2,277,050, each through June 30, 2024; and
WHEREAS, the City Administrator has determined that the agreements are professional, scientific or technical and temporary in nature, and the performance of the agreements shall not result in the loss of employment or salary by any person having permanent status in the competitive service; and
WHEREAS, staff may need to shift HHAP and Measure Q funds between the agreements in Table 1 and Table 2 or between fiscal years to ensure that all funds are timely expended and align with regulatory requirements; and
WHEREAS, many of the programs identified in Table 1 and Table 2 are located on City- owned or City-leased land, and the City Administrator has authority under O.M.C. 2.42.100.C to enter into licenses with these entities provided that the licenses are terminable by the City with 30 days’ notice or otherwise approved by Ordinance, and provided that the City Council finds that the providers’ use of the land for no additional rental fee would be in the best interests of the City under O.M.C. 2.42.110; and
WHEREAS, the City does not typically charge a rental fee for programs funded by the City, whether through HHAP, GPF, or Measure Q, because the project budget and City costs would need to be increased to cover the rental fee and therefore the City would have less funding to devote to program operations; and
WHEREAS, funding for the HHAP programs is appropriated in the State of California Fund (2159), Community Housing Services Organization (78411), Projects –HHAP Round 2/3 FY2023-2025 (1006326/1006126), Homeless Services & Support (NB41) and allocated towards the awards set forth in Table 1 below; and
WHEREAS, funding for Measure Q is appropriated in Measure Q - Parks & Recreation Preservation, Litter Reduction, and Homelessness Support Act Fund (2244) Community Housing Services Organization (78411), Measure Q Homeless Project (1005349), Homeless Services & Support (NB41) and allocated towards the awards set forth in Table 2 below; and
WHEREAS, General Purpose Funding is appropriated in General Purpose Fund (1010) Community Housing Services Organization (78411) & Homelessness Organization (02141), DP020 Administrative (1000002) & DP780 Administrative (1000017) Projects, Homeless Services & Support (NB41) and allocated towards the awards set forth in Table 2 below; and
RESOLVED: That the City Council accepts and appropriates from the State of California HHAP funds an amount of $26,044,615 and any additional HHAP funds that become available in Fiscal Year 23/24 for the provision of emergency homeless interventions into Fund (2159) collaborating on addressing homelessness; and be it
5 FURTHER RESOLVED: That the City Council finds that it is in the best interest of the City to waive the L/SLBE requirements and award professional services agreement to four (4) providers, TBS Services, Clean Site Services, We Hope, and Urban Alchemy for FY 2023-24, for the reasons set forth in the accompanying staff report, and hereby waives this requirement; and be it
FURTHER RESOLVED: That the City Council awards the following grants and professional services agreements for homeless intervention services in an amount not to exceed the specified amount for July 1, 2023 through June 30, 2024 in Table 1a below using the “actual amount” of HHAP funds identified below, or the “up to amount” should additional funds become available, subject to any applicable funding regulations and requirements:
Table 1a: HHAP funded agreements with term of July 1, 2023 through June 30, 2024 Provider Grant/Professional
Services Agreement
(PSA)
Numbers
Served
Up to
Amount
Actual Amount Notes
Roots
Community
Health Center
Miller Navigation
Center PSA (CC)
38 beds $1,325,000
$1,075,000
Includes
shower
services-RFQ
Family Bridges Oak St Navigation
Center PSA (CC)
38 beds $1,150,000
$900,000
Increase
from FY
22/23-RFQ
Operation
Dignity
Northgate
Navigation Center
PSA (CC)
40 beds 1,000,392
$800,392*
Funded
through two
sources-RFQ
Operation
Dignity
Mandela Navigation
Center PSA (CC)
76 beds $2,300,000 $1,800,000 Includes two
sites-RFQ
Housing
Consortium of
the East Bay
3rd/Peralta
Navigation Center
PSA (CC)
40 beds
$1,150,000 $900,000
RFQ
Housing
Consortium of
the East Bay
71st Ave. Navigation
Center PSA (RVSP)
40 spaces $1,150,000
$850,000
RFQ
Housing
Consortium of
the East Bay
High Street
Navigation
Center PSA
(RVSP)
40 spaces $1,050,000
$800,000
RFQ
Building
Opportunities
for Self
Sufficiency
(BOSS)
Wood St.
Navigation
Center PSA
(RVSP)
40 spaces $1,213,484
$963,484
Decreased
from FY 22/23
– includes full
FTE housing
navigation and
increased
security-RFQ
Saint Vincent
de Paul
Emergency Shelter
PSA
100 beds $1,300,000 $1,300,000 RFQ
6 Provider Grant/Professional
Services Agreement
(PSA)
Numbers
Served
Up to
Amount
Actual Amount Notes
Operation
Dignity
Street and Mobile
Outreach PSA
25 beds
(hotel
vouchers)
$450,000
$450,000
RFQ
Clean Site Porta potties Up to 35
sites
$300,000 $300,000 L/SLBE
Waiver
United Site
Services
Porta potties Citywide $225,000 $225,000 City-wide
contract
Project
WeHope
Mobile Showers
PSA
1,360
sessions
$755,000 $755,000 RFQ –
L/SLBE
Urban Alchemy Mobile Showers
PSA
520
sessions
$564,000 $564,000 RFQ –
L/SLBE
Youth Spirit
Artworks
Youth Transitional
Housing Grant
22 beds $450,000
$450,000
RFQ
Housing
Consortium of
the East Bay
HomeBase Trailers
PSA
128 beds $1,535,000
$1,535,000
28 beds
added-RFQ
*Northgate Navigation Center is funded by HHAP and GPF
; and be it
FURTHER RESOLVED: That the City Council authorizes the amendment of a professional services agreement to Urban Alchemy for operation of a RV Safe Parking site located on 66th Avenue in an amount not to exceed the specified amount for July 1, 2023 through June 30, 2024 in Table 1b below using accepted and appropriated HHAP funds, subject to any applicable funding regulations and requirements:
Table 1b: HHAP funded agreement with term of January 1, 2023 through June 30, 2024 Provider PSA Capacity Amended
Amount
FY 23/24
Amount
Urban Alchemy RV Safe Parking Up to 110
households –
RFQ/L/SLBE
Waiver
$3,376,375
$2,167,000
; and be it
FURTHER RESOLVED: That the City Council authorizes the amendment of a professional services agreement to Jewel’d Legacy for cohorts 3 and 4 of the Capacity Building program in an amount not to exceed the specified amount for July 1, 2023 through June 30, 2025 in Table 1c below using accepted and appropriated HHAP funds, subject to any applicable funding regulations and requirements:
7 Table 1c: HHAP funded agreement with term of July 1, 2022 through June 30, 2025 Provider PSA Capacity Amended
Amount
FY 23/24
Amount
Jewel’d Legacy Capacity Building for
small emerging
agencies
Up to 30
agencies $500,000
$250,000
Total HHAP
allocated Table 1
$18,334,876 $16,684,446
; and be it
FURTHER RESOLVED: That the City Council awards the following grants and professional services agreements for homeless intervention services in an amount not to exceed the specified amount for July 1, 2023 through June 30, 2024 in Table 2a below using appropriated Measure Q funds, subject to any applicable funding regulations and requirements; and be it
Table 2a: Measure Q funded agreements all with term of
July 1, 2023 through June 30, 2024
Provider Grant/Professional
Services Agreement
(PSA)
NUMBERS
SERVED
Not To Exceed
Amount
Building Futures
with Women and
Children
Family Front Door
Support Grant
20 beds, motel
vouchers $154,500
East Oakland
Community Project
Family Shelter beds
Grant
85 beds $1,552,500
Bay Area
Community Services
Henry/Holland 227 beds $1,871,346
Lao Family Care campus 50 beds $1,000,000
Total Measure Q
funds allocated in
Table 2a
$4,578,346
Table 2b: Local GPF funded agreements with term of July 1, 2023 through June 30, 2024 TBS Site Services Porta Potties Up to 50 sites $300,000 Operation Dignity Northgate Navigation
Center PSA (CC)
40 beds $99,608*
Housing Consortium
of the East Bay
Lake Merritt Lodge
(services contract)
92 rooms $2,277,050+
8 *Projects funded with dual sources
+Additional $5,883,125 to continue the occupancy agreement through June 30, 2024
Total local
general purpose
funds allocated in
Table 2b
$2,676,658
; and be it
FURTHER RESOLVED: That based on information provided by the City Administrator, the City Council finds that these professional services agreements are of a professional and temporary nature and shall not result in the loss of employment or salary by any person having permanent status in the competitive civil service; and be it
FURTHER RESOLVED: That the use of City-owned or City-leased land for less than fair market rental value by the above-listed providers for homeless programs is in the best interest of the City; and be it
FURTHER RESOLVED: That the City Council authorizes the City Administrator to enter into an extension of the existing occupancy agreement between the City and Vima Harrison 1, LLC for the Lake Merritt Lodge located at 2332 Harrison Street, for an additional one (1) year term through June 30, 2024, on the same terms as the existing agreement (daily room rate of $132 per room for one occupant plus $50 for each additional occupant) for the purpose of providing up to 92 rooms of emergency non-congregate shelter to vulnerable unhoused individuals, or a total maximum annual rental rate of $5,883,125 out of GPF (Fund 1000017); and be it
FURTHER RESOLVED: That the City Council finds and determines, after independent review and consideration, that this action complies with the California Environmental Quality Act (CEQA) because these agreements are categorically exempt from CEQA pursuant to Sections 15301 (existing facilities); and be it
FURTHER RESOLVED: That the City Administrator is authorized to make such amendments to the approved grants and/or professional services agreements as may be necessary to achieve the purposes of this Resolution or to ensure timely spend down of time-limited funds, including moving HHAP and Measure Q funds between the agreements in Table 1 and Table 2 or between fiscal years, subject to any applicable funding regulations and requirements; and be it
9 FURTHER RESOLVED: That prior to execution, all agreements and amendments shall be reviewed and approved as to form and legality by the City Attorney, and executed copies shall be filed with the City Clerk.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID,
AND PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California